Tenants done a runner!!

[Eastonian]

Owing nearly £2K in back rent and associated costs what steps would you take to get this cash back?

Is a Small Claims in the County Court going to do any good?

Or should I engaged a Debt Collector on a no win no fee basis?

[Grampa]

First off how sure are you that they have abandoned the property? Taking possession of the property without a possession order from the court does come with a certain risk as the tenant could quite rightly say they haven’t vacated(even if the property is empty and rent is owing). You then could get into trouble for under the Protection of Eviction Act 1977 and get a big fine.

To help protect yourself and mitigate any liability you need to put a abandoned notice on the door for 10-14 days and try to contact the tenant on any numbers you have and log them. You also need to speak to neighbour’s to see if they can confirm the tenant has left.

Once you have established they have left you need to decide what is the realistic chances of getting any funds from the tenant. If you have a guarantor chase them. (you would also name them as a 2nd defendant on any claim)If they are on HB the chances of getting the arrears are very slim without a guarantor

[Eastonian]

Hi Grampa,

Perhaps I should have said I've gone through the Section 21 Notice process refurbished the property and re-let it. What I am now trying to do is retrieve back rent and legal costs to date.

[Richlist]

I am now trying to do is retrieve back rent and legal costs to date.

OK well this bit is kind of important:-

.... you need to decide what is the realistic chances of getting any funds from the tenant. If you have a guarantor chase them. (you would also name them as a 2nd defendant on any claim)If they are on HB the chances of getting the arrears are very slim without a guarantor

[Eastonian]

Unfortunately no guarantor, however, a Tracing Agent has confirmed a "new" address. Whilst I am prepared to stand the cost of a Small Claim and hopefully get a CCJ against the miscreant which should make it difficult for them to obtain credit in the future I realise I may never see this cash. But why should the b..tards get away with it?

[Richlist]

A Money Claim Online for £2000 costs £105 which you can add to your claim.

Personally I wouldn't consider it worthwhile if the chances of getting the money were slim.....although its tax deductible which brings the real cost down to £62 or £84 depending on your marginal tax rate.

I ALWAYS go for rent guarantee insurance or a home owning guarantor, perhaps you should consider it for the future.

[Mortitia]

I would go for the CCJ just to stuff them up then give that to the debt collector to work with.

Have you got a copy of tenants National Insurance number? if so you could apply for an 'attachment of earnings' when you get the judgement. If they are working and have funds go for it.